[Amended 10-3-2019 by Ord. No. 19-2556; 10-3-2019 by Ord. No. 19-2557; 3-15-2022 by Ord. No. 22-2594]
A. For the purpose of this chapter, the Borough of Bergenfield
is hereby divided into the following zones:
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R-40
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40,000 square feet Residential One-Family Dwelling
Zone
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R-15
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15,000 square feet Residential One-Family Dwelling
Zone
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R-6
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6,000 square feet Residential One- and Two-Family
Dwelling Zone
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R-5
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5,000 square feet Residential One- and Two-Family
Dwelling Zone
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R-M
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Garden Apartment Zone
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R-S
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Senior Citizen Apartment Zone
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B-1
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Retail Business Zone
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B-2
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Business and Professional Zone
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B-1 AHO
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B-1 Affordable Housing Overlay Zone
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B-2 AHO
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B-2 Affordable Housing Overlay Zone
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AHO
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Affordable Housing Unmet Need Overlay Zone
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M
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Light Industrial and Automotive Zone
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P
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Parks and Public Purposes Zone
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IH
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Inclusionary Housing Zone
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The boundaries of all zones shall be as shown
on a map attached to and made part of this chapter and titled "Zoning
Map, the Borough of Bergenfield," dated January 1979. Said Map and
all notations and references thereon are hereby incorporated into
and declared to be a part of this chapter.
Zone boundary lines are intended to follow the
center lines of streets, railroad rights-of-way, streams, and recorded
property lines, except where indicated otherwise by dimension or other
notation on the Zoning Map. Where zone boundaries are not fixed by
dimension or other notation and where they approximately follow property
lines or other natural features and do not scale more than 25 feet
distant therefrom, such property line or natural feature shall be
deemed to be the location of the zone boundary.
[Amended 7-17-1979 by Ord. No. 1134; 12-15-1987 by Ord. No. 2038; 2-1-2000 by Ord. No. 2239]
A. Purpose. For the protection of property values and
the character and stability of the various business, residential and
industrial districts of the Borough and for the protection of property
values and the enhancement of the Borough as a place of business,
residence and employment, the following requirements are set forth
regulating signs in the Borough of Bergenfield.
B. Definitions. As used in this section, the following
terms shall have the meanings indicated:
SIGNS
Includes every sign, billboard, freestanding sign, wall sign,
security gate, roof sign, illuminated sign, projecting sign, temporary
sign, marquee, awning, canopy and street clock, and shall include
any announcement, declaration, demonstration, display, illustration
or insignia used to advertise or promote the interests of any person
or business when the same is placed in view of the general public.
Notwithstanding the foregoing descriptions, signs shall only be permitted
as specifically set forth herein. Signs shall include the following:
(1)
AWNINGThis word shall be used interchangeably with "canopy." This shall include any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door or entrance and is attached to the face of a building.
(2)
CANOPYThis word shall be used interchangeably with "awning." Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door or entrance and is attached to the face of a building.
(3)
ROOF SIGNA sign attached to roof framing, walls, and/or columns of the building on which the entire advertising display is above the roof level.
(4)
FREESTANDING SIGNAny sign not affixed to a building but standing apart therefrom whether fixed to the realty or movable.
(5)
PROJECTING SIGNA sign other than a wall sign suspended from or supported by a building or structure or sign structure and projecting out therefrom.
(6)
TEMPORARY SIGNA sign of cloth, paper, or other combustible material, with or without a frame, which is attached within the window area.
(7)
WALL SIGNAny sign attached to or erected against, or painted upon the exterior wall of a building or structure, so that the display surface of the sign is parallel with the plane of the wall.
(8)
WINDOW SIGNAny sign that is painted upon a window or is placed in a window in such a manner that it is intended to be viewed by the public.
C. General regulations.
(1) No sign shall be erected in such a manner as to confuse
or obstruct the view or interpretation of any official traffic sign,
signal or device, nor obstruct free and clear vision of an intersection.
(2) No sign containing the colors red, green, and amber,
which are illuminated, or appear illuminated by use of a special preparation,
such as reflective paint, shall be located within 60 feet of any intersection
wherein a traffic light is present.
(3) Only signs which are incidental to the use of the
property or which advertise the business or merchandise for sale on
the premises, or the process of manufacture conducted on the premises,
shall be permitted.
(4) No sign, other than a sign constructed by a public
authority, may use the words "stop" or "danger" in such a manner as
to imply the need or requirement of stopping, caution, or the existence
of danger.
(5) Signs may be illuminated, where specifically indicated
in this chapter. Such illumination may be internal or external, but
in no event shall such illumination be by flashing, rotating or intermittent
lights. All illuminated signs shall be shielded so as to prevent glare,
and no sign shall be illuminated by lighting of intermittent or varying
intensity, nor shall any sign be of any illumination color light other
than white. No animation shall be permitted other than such action
signs containing time and temperature changes.
(6) Lights, flashing devices, strobes or other similar
devices placed in or near a window, and operated in such a manner
so as to draw attention to the store or items therein, shall be deemed
signage and shall not be permitted. No window lighting which is not
intended to illuminate signage and is intended only to beckon the
public shall be permitted.
(7) Signs for multi-tenant commercial buildings may be
divided in proportion to the leased space available. In no event shall
the total sign area shall exceed the maximum area permitted for the
building. Existing signs may need to be reduced in area to allow sign
area for additional tenants in the same building.
(8) No sign may obstruct any window, door, fire escape,
stairway, ladder, or opening intended to provide light, air, access,
ingress, or egress from any building or structure.
(9) The outdoor use of pennants, windmills, banners, flashing
or animated signage is prohibited, except that banners, streamers,
flags and bunting may be used in conjunction with the opening of a
business, in which event such banners, streamers, flags and bunting
may be posted for a period not to exceed 14 days from the opening
of said business.
D. Permits required. No sign shall hereafter be erected,
re-erected, constructed, altered, or maintained, except as provided
in this chapter and a permit for the same has been issued by the Construction
Code Official.
E. Application procedure.
(1) Plans and detailed information shall be submitted
with each application for a sign permit, stating the weight and dimensions
of the sign, the materials incorporated in its construction, the methods
and materials used to support the sign, the type of illumination,
if any, and its exact location on the building or premises. A sketch
in color of the proposed sign, drawn to a scale of not less than 1/4
inch to one foot, shall be provided.
(2) Structural features of signs shall be as specified
in the Building Code, but this chapter takes precedence with respect to area,
location, illumination and other characteristics.
(3) All illuminated signs shall bear the label of the
National Board of Fire Underwriters, or other similar national testing
agency, so as to attest to the proper construction. The necessary
electrical inspection certificate of approval shall be submitted before
the sign is lighted.
(4) The application for permit shall be accompanied by
the written consent of the owner or lessee of the property.
(5) A permit fee shall be paid prior to the erection of
each sign requiring a permit. Said fee will be in accordance with
applicable fee schedules as prescribed by the Borough of Bergenfield.
(6) A certificate of insurance with at least $1,000,000/$3,000,000
coverage and a hold-harmless clause addressing the Borough of Bergenfield
shall be required from all sign erectors.
F. Exempt signs. No permit shall be required for the
signs as follows:
(1) Any permitted sign in a residential zone, as specified in §
186-48G.
(2) Temporary signs pertaining to sale or lease of a lot,
building, or construction of a building on the property on which it
is placed, when same are placed as otherwise required herein and provided
that same have the prior approval of the Municipal Construction Code
Official.
(3) Signs identifying a church, public building or playground,
situated on the property to which it relates.
(4) Federal, state, county and municipal signs and historical
markers.
G. Signs permitted in residential zones shall only be
the following:
(1) One name plate, which may be internally illuminated
and may include the address, situated within the property lines and
not exceeding one square foot in area on either of two sides.
(2) One sign, which may be internally illuminated, identifying
a permitted residential professional office, which shall indicate
only the name and profession of the resident, shall be situated not
closer than 10 feet from any property line, and shall not exceed two
square feet in area on either of two sides.
(3) One sign, which may be illuminated, identifying a
church, public building, playground, or other such permitted use,
which is situated on the property to which it relates, not less than
25 feet from a street (unless the building is closer than that to
the street, in which case, it shall be not less than 1/2 the distance
from building to street) and does not exceed 10 square feet in area
on either of two sides.
(4) One temporary sign indicating that the property on
which it is located is for sale or lease. Such sign shall not be illuminated,
shall not exceed three square feet on either of two sides, and shall
be situated not closer to the front property line than 1/2 the distance
between the building and the front property lines, nor 10 feet from
the side property lines, and shall not be placed on trees. If there
is no structure on the property, the sign shall not be closer than
10 feet from any property line. All such signs shall be promptly removed
when the premises are sold or rented. No signs shall be posted, or
added to a sign indicating that a property is for sale or lease, which
announces the property as having been sold or leased. Signs shall
include only the name of a real estate broker or agent and shall designate
a telephone number to call. Temporary signs pertaining to the sale
or leasing of property shall include no other information and shall
not include additional advertising, photographs, descriptive terms,
agency mottoes, sales information, additional signage, or a dispenser
for flyers or documents.
(5) One temporary sign pertaining to the development of
multiple residential structures on a group of adjacent lots or properties,
which shall not be illuminated, shall not exceed 20 square feet in
area on either of two sides, and shall be situated not closer than
10 feet from any property line. Such signs shall be removed upon the
sale of the last lot or home but in no event may be posted on the
property or properties for in excess of 120 days and, once removed
may not be posted on the same lot or group of lots for a period of
180 days from the date of removal. In no event shall such sign be
affixed to a tree.
(6) Identifying signs relating to an apartment complex,
which may include the name of the development, the presence or lack
of vacancies, the location of the rental agent's office and his telephone
number, and the project address. Such signs shall not exceed 25 square
feet in area on either of two sides, and may be illuminated. Such
signs may be located in any of the required yard areas but shall not
be closer than 25 feet to a property line or street line (unless the
building is closer than that to the street, in which case it shall
be not less than 1/2 the distance from building to street).
(7) One temporary sign which may be posted by a contractor,
with the consent of the property owner, indicating that said contractor
is performing work upon the premises where the sign is located. Said
sign may be posted only upon the issuance of a building permit for
the work which the contractor is performing and must be removed upon
the completion of the work or within 60 days, whichever is less. If
a lawn sign, such sign shall not be illuminated, shall not exceed
three square feet on either of two sides, and shall be situated not
closer to the front property line than 1/2 the distance between the
building and the front property lines, nor 10 feet from the side property
lines. Such sign may also be a one-sided, nonilluminated sign of no
greater than six square feet which may be affixed to the subject construction
only. In no event shall any sign under this section be affixed to
a tree.
(8) Signs relating to public elections which shall be
posted no earlier than 30 days prior to the election date and which
shall be removed not later than one week after the election date.
H. Signs permitted in Business and Industrial Zones shall
only be the following:
(1) General. All signs permitted in residential areas.
For the purposes of this chapter, windows in Business and Industrial
Zones shall be display windows and shall display merchandise or provide
service information to the public. Except for window signs, on a two-story
or more building, ground floor signs shall not intrude on the second
story as measured by the floor height of the second floor. If a use
is on a corner, a sign may be placed on each facade; however, signs
shall not be contiguous. In addition, one sign may be placed on the
rear facade of an occupancy which faces a parking area which provides
an entrance to the premises, subject to same size limitations of the
front facade sign.
(2) Principal signage. Signs permitted in Business and
Industrial Zones shall include only one of the following forms of
signage which may be affixed to the front of the premises:
(a)
Wall signs. One wall sign, which may be illuminated,
upon the front facade of a building for each permitted use or activity.
No sign shall cover more than 75% of the width of the front facade.
The maximum size sign allowed will be 75% of the width multiplied
by three square feet, except that no sign shall exceed 35 feet in
length or three feet in height. In no event shall any wall sign, extend
more than 14 inches beyond the building wall and shall be at least
10 feet above the sidewalk, and shall not be higher than the highest
point of the parapet or facade of the building.
(b)
Freestanding signs. One freestanding sign shall
be permitted when the main building is set back a minimum of 25 feet
from the property line. Such sign shall not exceed an area of 25 square
feet. Such signs shall be for no other purpose than identifying the
facility and listing the individual occupants, and may be located
within any required yard area, but shall not extend beyond any property
line or obstruct vehicle vision, and shall not exceed eight feet in
height. In multi-tenant buildings, the premises may contain a one-foot
by three-foot designation on the door of each tenant. The area of
such sign shall be considered to be the maximum height times the maximum
width. In no event shall either dimension be more than twice that
of the other.
(c)
Window signs. A window sign shall be permitted
which may be painted upon the window and not exceed the signage dimensions
set forth for wall signs. In the event that a window sign is utilized,
there shall be a reduction in the area of the permitted window sign
for any temporary signage utilized on the premises, and in no event
shall the total of the window sign and/or temporary sign exceed 25%
of any window pane area.
(d)
Awnings or canopy sign. One awning/canopy is
permitted subject to the following conditions:
[1]
Canopies or awnings must have a clearance of
at least 10 feet above the sidewalk. Canopies or awnings may not project
further than 14 inches into the right-of-way or greater than 14 inches
off the face of a structure, whichever is less.
[2]
All canopies or awnings must be of a single,
neutral color and be constructed of nonglare canvas or "canvas-look"
material which has a fire-resistant rating. In no event shall awnings
or canopies be made of any Day-Glo, fluorescent, or multicolor material.
[3]
An awning/canopy may contain lettering subject
to the same size constraints as a wall sign.
(3) Supplemental signage. In addition to the foregoing,
signs permitted in Business and Industrial Zones may include the following
subject to the conditions set forth herein:
(a)
Projecting signs. One projecting sign will be
permitted for each business subject to the following limitations:
[1]
Maximum size shall be five square feet as measured
on one side.
[2]
No more than a 2:1 ratio as to height and width
shall be permitted.
[3]
Maximum extension from facade shall be three
feet including brackets or supports.
[4]
There shall be no internal illumination.
[5]
The bottom of the sign must measure 10 feet
from the ground.
[6]
The sign shall have a maximum of two display
surfaces.
[7]
The square footage of a projecting sign as measured
on one side shall be deducted from the front facade maximum allowance,
window sign allowance, canopy or awning sign allowance, or freestanding
sign allowance, whichever is applicable.
(b)
Temporary signs. Temporary signs advertising
sales, premiums or other temporary activities may be mounted on the
window or door surfaces of a structure, in the Business and Industrial
Zones, provided that the total area of such signs at any time does
not exceed 25% of each window pane area. Such signs are to be of a
temporary nature and may not remain upon any window for in excess
of 10 days.
I. Special exception uses.
(1) Motor vehicle service stations — only
the following: one freestanding identification sign which does not
exceed 25 square feet in area on either of two sides, not more than
20 feet in height. Such sign may be set at the corner of the property
if the station is a corner location, in which case the base shall
be set in a planted area. If the station is an interior location,
then the sign may be erected in any required yard area, but shall
not extend over the property line.
(2) Time/temperature signs, provided that such sign does
not exceed 36 square feet in area and provided further there is at
least 13 feet of clearance from the street and no other such device
exists within 500 feet.
J. Cessation of business/use. All signs, awnings, canopies,
wiring, sign boxes, electrical boxes, supports and appurtenances shall
be removed within 30 days after the business to which it is accessory
ceases to operate under the name reflected on the sign by the lessor
or the lessee. The property owner, or a subsequent tenant, may seek
to restore said signage, whether it is conforming to the then current
Zoning Code or not, within six months of the cessation of the business,
provided that the property owner or subsequent tenant can provide
proof and documentation as to the type and dimensions of the prior
signage. If a subsequent tenant or user does not seek to restore nonconforming
signage within six months, or fails to provide proof as to the dimension
and type of the prior signage, said nonconforming signage shall be
deemed abandoned, and all new signage shall be in conformance with
the then applicable code.
K. Replacement or relocation of signs on nonconforming
uses in residential areas. Any new, altered, or relocated sign pertaining
to a nonconforming use in a residential zone shall conform to the
restrictions governing the use if it were in a business or industrial
zone, except that the permitted sign area would be 1/2 that which
would be permitted if the use were located in the business or industrial
zone.
L. Maintenance. The Construction Code Official shall
require the proper maintenance of all signs and shall inspect every
sign for which a permit has been issued within 30 days after it is
erected. All signs, together with all of their supports, shall be
kept in repair and in a proper state of preservation. The display
surfaces of all signs shall be kept neatly painted or posted at all
times. The Construction Code Official may order the removal of any
sign that is not maintained in accordance with the provisions of this
chapter.
M. Signs not permitted in any zone. The following signs
shall be prohibited in all zones: billboards, roof signs, portable
A-frame signs, any signs in the public right-of-way, inflatable signs,
signs directing persons to open houses or similar activities. Mechanically
retractable awnings and canopies, whether operated by hand or motor
and whether containing signage or not, shall be prohibited in all
zones of the municipality.
N. Miscellaneous provisions.
(1) The use of signs crossing Borough or county rights-of-way
is prohibited, except that eleemosynary institutions may apply to
the Zoning Board of Adjustment for a sign crossing a right-of-way.
Should an institution elect to repeat the same sign use in a subsequent
year for which it had previously received approval from the Zoning
Board of Adjustment and the conditions of the proposed repeat use
are identical to the use for which the previous use was granted, the
Zoning Officer may issue an administrative approval upon receipt of
a completed application, permission from any affected utility company,
certificates of insurance and compliance with any other terms or requirements
included in the previous approval.
(2) Storefronts which become vacant shall be cleaned of
all trash and debris at the front display windows. The property owner
or tenant shall install a temporary screen that shall obscure all
windows upon the premises which shall be painted or otherwise decorated
with floral or country scenes that shall be erected to prevent visual
exposure of the areas behind the screen. The top of the screen shall
be not less than six feet above the adjacent sidewalk area. "For Sale"
or "For Rent" signs shall be posted only on a door into the premises
and shall not exceed six square feet in size. One such sign shall
be permitted on each side of a building that contains a door providing
ingress and egress to the subject space.
(3) Display windows shall not be used to store or warehouse
merchandise which is excess stock.
O. Security gates.
(1) Roll-up, folding or sliding security gates, if installed
to cover open areas, shall be of the open-mesh type having typical
openings of not less than three inches by 12 inches. The mesh shall
not cover more than 25% of the projected surface area for other patterns.
Security gates shall contain no signage, printing or lettering of
any sort.
(2) Gate storage shall not project beyond the front of
the building. All gates, tracks, assemblies, etc., shall be installed
within the building structure and be concealed from view when the
gate is not in use. Vertical ceiling gates shall be contained in a
housing mounted to roll up into the building. Folding or accordion
gates and horizontal sliding panels shall be designed to be concealed
in pockets or behind doors to be completely out of sight when the
facility is open for business.
P. Enforcement. This section shall be enforced by the
Zoning Officer, Construction Code Official or other member of the
Bergenfield Building Department as shall be designated by law.
[Amended 12-15-1987 by Ord. No.
2038]
A. Type of building or use.
[Amended 12-29-2005 by Ord. No. 05-2365; 10-2-2018 by Ord. No. 18-2532]
(1) Residential
(single-family, two-family, multifamily, townhouses) shall comply
with the RSIS parking requirements.
(2) Parking
on nondriveway areas on residential lots is prohibited.
(3) Parking
standards for auditoriums and assembly halls to be based on the number
of seats unless no seats are provided, in which case parking is to
be based on the ratio of the number of occupants based on occupancy
load limitations established by the Construction Official/Fire Subcode
Official.
(4) Parking
standards for retail: four per 1,000 square feet of gross floor area.
(5) Industrial
parking: one per 1,000 square feet of gross floor area.
(6) Auditorium
and assembly halls parking to be one parking space per three seats.
(7) Restaurant
parking to be one parking space per three seats.
(8) Veterans
Plaza: parking on the east side from the post office driveway north
to be 60° angle parking only.
B. The foregoing schedule of minimum requirements shall
apply to off-street parking facilities in connection with uses commenced
or buildings erected after the effective date of this chapter and
shall apply to any extension, addition or enlargement of an existing
building.
C. When a building or use existed prior to the effective
date of this chapter, off-street parking facilities required under
the prior ordinance shall not be decreased.
D. An off-street parking space shall consist of an area
nine feet wide and 18 feet in length, exclusive of appurtenant passageways
and driveways giving access thereto. All parking areas, passageways,
and driveways (except when provided in connection with dwellings)
shall be surfaced with a dustless, durable, all-weather pavement,
clearly marked for car spaces, and shall be adequately drained, all
subject to the approval of the Borough Engineer. All aforementioned
spaces shall be situated to provide free and clear access to all walkways,
building entrances, and solid waste containers.
E. All off-street parking areas shall provide a twenty-four-foot
drive aisle so designed as to permit all vehicles to turn around on
the site in order to avoid the necessity of backing any vehicle on
to the Borough street from such site.
F. Off-street parking areas located in all zones, other
than one- and two-family residential containing space for 20 or more
vehicles, shall be provided with shade trees of a type approved by
the Borough's Shade Tree Commission and located not greater than 60
feet on center.
G. In motor vehicle service establishments, no area on
the lot which is required for the movement of vehicles in and about
the building and facilities shall be used for complying with the parking
requirements of this section.
H. For the purpose of this section, "GLA" shall mean
gross leasable area. If this data is not available, use 80% of gross
floor area.
I. When the computation to determine the number of required
parking spaces results in a fractional space, any fraction including
and up to 1/2 shall be disregarded, and any fraction over 1/2 shall
require one additional parking space.
J. For all other buildings or uses not specifically delineated
in this schedule, the Planning Board shall determine the minimum required
parking spaces and shall apply as a standard. Whenever applicable,
to the type of building or use judged by the Planning Board to be
most similar in nature and function to the proposed building or use
not so listed.
K. All parking areas and appurtenant passageways and
driveways serving non-single-family/non-two-family uses shall be illuminated
adequately during the hours between sunset and sunrise when the use
is in operation. Adequate shielding shall be provided to protect adjacent
property owners from glare of such illumination and from that of automobile
headlights.
L. Special exceptions for R-S Zone. In case of residential
use in R-S Zone, one parking space per unit shall be required for
senior citizen housing.
M. Off-street loading areas.
(1) No part of any off-street truck loading or unloading
space shall be located within the right-of-way of the Borough street
including the sidewalk area.
(2) Off-street truck loading and unloading spaces shall
be located and designed to permit any truck to maneuver from a driveway
into and out of such space without encroaching upon any portion of
a Borough street right-of-way.
N. All residential parking shall comply with the New
Jersey Residential Site Improvement Standards. Pursuant to N.J.A.C.
5:21-4.14(e), when housing is included in mix-use development, a shared
parking approach to the provision of parking shall be permitted. Furthermore,
if applicants can demonstrate there is sufficient overnight on-street
parking in proximity to their site, applicants can apply those available
spaces to their development on a nonexclusive basis.
[Added 12-29-2005 by Ord. No. 05-2365; amended 9-5-2006 by Ord. No. 06-2376; 10-3-2019 by Ord. No. 19-2556; 10-3-2019 by Ord. No. 19-2557]
O. No driveway constructed, installed, expanded, modified
and/or extended shall be wider than 19 feet or 40% of property frontage
(not to exceed 25 feet), whichever is greater. Driveways shall be
a minimum of two feet from the side line of the property on which
the driveway is located and shall be landscaped.
[Added 12-29-2005 by Ord. No. 05-2365; amended 9-5-2006 by Ord. No. 06-2376]
P. Circular driveways are not permitted on any lot with
less than a one-hundred-foot frontage.
[Added 12-29-2005 by Ord. No. 05-2365; amended 9-5-2006 by Ord. No. 06-2376]
Q. Only one drop curb shall be allowed on any lot having
less than a one-hundred-foot frontage. On circular driveways, two
drop curbs will be allowed on lots greater than one-hundred foot frontage.
[Added 12-29-2005 by Ord. No. 05-2365; amended 9-5-2006 by Ord. No. 06-2376]
R. No drop curb shall be wider than 20 feet.
[Added 12-29-2005 by Ord. No. 05-2365; amended 9-5-2006 by Ord. No. 06-2376]
S. All driveways must be paved with one of the following
materials: concrete, asphalt, brick pavers, crushed stone (red or
blue stone chips) and/or turf pavers.
[Added 12-29-2005 by Ord. No. 05-2365; amended 9-5-2006 by Ord. No. 06-2376]
T. Driveways:
[Added 12-29-2005 by Ord. No. 05-2365; amended 9-5-2006 by Ord. No. 06-2376; 7-15-2008 by Ord. No. 08-2406; 10-2-2018 by Ord. No. 18-2532]
(1) Width
is limited to 19 feet or 40% of property frontage with a cap of 25
feet in width; maintain a setback of at least two feet from the property
line.
(2) No
circular driveways on lots with less than 100 feet of frontage.
(3) Limit
of one curb cut for lots with less than 100 feet of frontage; circular
driveways on lots with frontage of 100 feet or more permitted to have
two curb cuts.
(4) Curb
cuts limited to maximum opening of 20 feet.
(5) Driveway
pavement to consist of one of the following: concrete, asphalt, brick
pavers, crushed stone (red or blue stone chips) and/or turf pavers.
(6) Any
resident wishing to widen, alter, construct or repair a driveway with
appropriate details and survey must obtain a permit from the Building
Department.
(7) Driveways
constructed, installed or extended shall not interfere with and/or
alter any existing Borough sidewalk.
U. Any driveway constructed, installed, or extended shall
not interfere with and/or alter any existing Borough sidewalk.
[Added 12-29-2005 by Ord. No. 05-2365; amended 9-5-2006 by Ord. No. 06-2376]
V. The parking of vehicles on lawns or nondriveway areas
is expressly prohibited on residential lots.
[Added 12-29-2005 by Ord. No. 05-2365; amended 9-5-2006 by Ord. No. 06-2376]
W. All new one-family dwellings are required to provide
at minimum a one-car garage.
[Added 12-29-2005 by Ord. No. 05-2365; amended 10-2-2018 by Ord. No.
18-2532]
X. All new two-family dwellings are required to provide
at minimum a two-car garage.
[Added 12-29-2005 by Ord. No. 05-2365; amended 10-2-2018 by Ord. No.
18-2532]
Y. Conversion of any new or existing garage(s) into a
living space is strictly prohibited.
[Added 12-29-2005 by Ord. No. 05-2365; amended 10-2-2018 by Ord. No.
18-2532]
[Added 3-6-1990 by Ord. No. 2074]
A. Permit required. Any property owner, or person or
entity in possession of the property, shall obtain a construction
permit from the Construction Code Official prior to the placement
of a satellite antenna on the property. No person shall install or
permit to be installed any satellite antenna which does not comply
with this chapter. No permit will be issued for more than one satellite
antenna per lot.
B. How to obtain a permit.
(1) A construction permit may be obtained by providing
the Construction Code Official with a plot plan and specifications
showing the size of the dish, the proposed location of same on the
subject premises, construction plans showing the foundation support
details, the size and spacing of anchor bolts and the location of
electrical conduits, and such other information as indicated herein.
(2) The plot plan shall be drawn on a map to a scale not
smaller than one inch equals 40 feet and not larger than one inch
equals 10 feet and shall include the following information:
(a)
The name and address of the applicant and the
owner and the name, address and the title of the person or entity
preparing the plan and accompanying data, the date of preparation
and the dates of each revision, where applicable.
(b)
An appropriate place for the signature of the
Construction Code Official and Zoning Officer.
(c)
The lot and block numbers from the Borough Tax
Map of the subject property, as well as the length and bearings of
the lot lines.
(d)
The proposed location of the satellite antenna,
as well as the location of all existing buildings and structures and
all accessory buildings and structures, with dimensions showing present
and finished grade elevations at all corners.
(3) An application fee of $200 shall be submitted with
all applications for a construction permit under this section. This
fee shall not include fees for the services of appropriate construction
subcode officials, which are regulated by separate ordinance.
(4) The Construction Code Official and/or the appropriate
subcode official shall review the plan submitted and render a decision
within 20 days of the submission of said plan or within such further
time as may be consented to by the applicant.
C. Construction requirements.
(1) All ground-mounted installations must have an underground
electrical conduit for power and signal wiring. Roof-mounted installations
shall provide electrical conduit for all exterior wiring. All exterior
wiring shall conform to the "weatherproof" standard as defined in
the National Electric Code.
(2) The satellite antenna shall be anchored in a solid
concrete foundation if ground-mounted and on a secure foundation if
roof-mounted so that in all cases the front face of the dish shall
be capable of withstanding a static wind load of not less that 75
miles per hour. Design calculations shall be furnished by the applicant
to indicate compliance with this subsection.
D. Zoning requirements.
(1) The satellite antenna shall comply with the front
and side yard and rear setback requirements for the principal structure
on the lot.
(2) The satellite antenna shall extend no higher than
the minimum height necessary to provide reliable operation.
E. Use restrictions.
(1) A satellite antenna may not be used for transmitting
any signal.
(2) A satellite antenna located in a residential zone
may be used only for noncommercial purposes.
F. Maintenance requirements; enforcement.
(1) Every satellite antenna, including those for which
no permits are required, shall be maintained in a safe, presentable
and good structural material condition at all times, including the
repair or replacement of defective parts and all other acts required
for the maintenance of said satellite antenna. The Construction Code
Official and/or the appropriate subcode official shall require compliance
with all construction standards of this chapter. If the satellite
dish is not made to comply with adequate safety and maintenance standards,
the Construction Code Official shall require its removal in accordance
with this section.
(2) Any satellite antenna which is located on property
which becomes vacant and unoccupied for a period of 180 days or more
shall be deemed to have been abandoned. Abandoned satellite antennas
shall be removed by the owner of the premises.
(3) No persons shall maintain or permit to be maintained
on any premises owned or controlled by him any satellite antenna which
is in a dangerous or defective condition. Any such satellite antenna
shall be removed or repaired by the owner of the premises or the owner
of the satellite antenna. Upon failure of the owners to remove or
repair a dangerous or defective satellite antenna, the Construction
Code Official shall proceed as described herein.
(4) The Construction Code Official shall cause to be removed
any satellite antenna that endangers the public safety such as an
abandoned, dangerous, or materially, electrically or structurally
defective satellite antenna or a satellite antenna for which no permit
has been issued. The Construction Code Official shall prepare a notice
which shall describe the satellite antenna and specify the violation
involved and which shall state that if the satellite antenna is not
removed or the violation is not corrected within 10 days, the satellite
antenna shall be removed. All notices shall be sent by certified mail.
Any time periods provided in this section shall be deemed to commence
on the date of the receipt of the certified mail. The notice shall
be mailed to the owner of the property on which the satellite antenna
is located, the owner of the satellite antenna and the occupant of
the property. If any of such persons are unknown or cannot be found,
notice shall be mailed to such persons' last known address, if any,
and posted at the premises.
(5) Any person having an interest in the satellite antenna
or the property may appeal the determination of the Construction Code
Official ordering removal or compliance by filing a written notice
of appeal with the Construction Board of Appeals within 10 days after
receipt of the notice. Notwithstanding the above, in cases of imminent
danger to the public safety or other emergency, the Construction Code
Official and/or the appropriate subcode official may cause the immediate
removal of a dangerous or defective satellite antenna without notice.
(6) Any satellite antenna removed by the Construction
Code Official and/or the appropriate subcode official pursuant to
the provisions of this section shall become the property of the Borough
and may be disposed of in any manner deemed appropriate by the Borough.
The cost of removal of the satellite antenna shall be considered a
debt owed to the Borough by the owner of the satellite antenna and
the owner of the property, and may be recovered in an appropriate
court action by the Borough. The cost of removal shall include any
and all incidental expenses incurred by the Borough in connection
with the removal. If it shall be necessary for the Construction Code
Official and/or the appropriate subcode official to remove a satellite
antenna pursuant to the provisions of this chapter, and it should
be practicable to sell or salvage any material derived from the aforesaid
removal, he may sell the same at private or public sale at the best
price obtainable, and shall keep an account of the proceeds thereof.
Such proceeds, if any, shall be used to offset the costs of removal
to be charged to the satellite antenna owner or property owner. The
Borough may file a suit in court to collect any excess over such cost,
and the cost of the removal shall be levied as an assessment against
the property on which the satellite antenna is located.
G. Legal nonconforming satellite antennas.
(1) After the enactment of this section, the Construction
Code Official shall, as soon as practicable, survey the Borough for
satellite antennas which do not conform to the requirements of this
section. Upon determination that a satellite antenna is nonconforming,
the Construction Code Official shall use reasonable efforts to so
notify, either personally or in writing, the user or owner of the
property on which the satellite antenna is located of the following:
The satellite antenna's nonconformity and whether the satellite antenna
is eligible for characterization either as legal nonconforming or
unlawful. If the satellite antenna owner, user, or owner of the property
cannot be located, the notice may be affixed in a conspicuous place
to the satellite antenna or to the premises with which the satellite
antenna is associated.
(2) Any satellite antenna located within the Borough on
the date of adoption of this section, or located in an area annexed
to the Borough thereafter, which does not conform with the provisions
of this section, is eligible for characterization as a legal nonconforming
satellite antenna if the satellite antenna was in compliance with
applicable law on the date of adoption of this section.
(3) A legal nonconforming satellite antenna shall immediately
lose its legal nonconforming designation if the satellite antenna
is altered in any way in structure; or the satellite antenna is relocated;
or the satellite antenna is replaced. On the happening of any of the
above, the satellite antenna shall immediately be brought into compliance
with this chapter with a new permit secured therefor, or shall be
removed.
(4) Nothing in this section shall relieve the owner or
user of a legal nonconforming satellite antenna or owner of the property
on which the satellite antenna is located from the provisions of this
section regarding safety, maintenance, and repair of such satellite
antennas; provided, however, that no maintenance or repair shall have
the effect of making the satellite antenna more nonconforming.
H. Federal preemption: This chapter shall not apply to persons or entities licensed by the Federal Communications Commission under Title 47, Part 97 of the Code of Federal Regulations, or to any other persons or entities authorized, by any federal agency having jurisdiction over radio frequency transmissions, to transmit any signal using a satellite antenna. Notwithstanding the above Subsection
F of this section, detailing maintenance and safety standards, shall apply to all owners and users of satellite antennas within the Borough.
I. Fines. Any person, firm or corporation violating any
provision of this section shall be fined not less than $10 nor more
than $500 for each offense, and a separate offense shall be deemed
committed on each day during which a violation occurs or continues.
[Added 10-2-2018 by Ord. No. 18-2532]
A. All
new one-family dwellings are required to provide, at minimum, a one-car
garage.
B. All
new two-family dwellings are required to provide, at minimum, a two-car
garage.
C. Conversion
of any new or existing garage(s) into a living space is strictly prohibited.